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Press release:

The City of Batavia Water Department is repairing a water main break on South Lyon Street. Water has been shut off for all of South Lyon Street.  City crews will make every effort to restore water as soon as possible. Please avoid South Lyon Street until repairs are complete. 

This could result in low water pressure condition for some residents. Other residents in the area may experience discolored water, which should return to normal once repairs are complete.

Residents should check to make sure water clarity has returned before resuming activities such as laundry, which may be impacted.

UPDATE 1 p.m.: The break is repaired and South Lyon has reopened.

A one-car accident is reported in the area of 5544 Clinton Street Road, just east of the CSX overpass, in Stafford, with a possible back injury.

The car was in a ditch and the driver was unable to open the doors but a chief who just arrived on scene said the patient has been extricated.

Stafford Fire dispatched along with Mercy EMS.

National Grid requested to the scene for a damaged utility pole 

UPDATE 8:39 a.m.: Stafford back in service.

Local law enforcement is backing a new proposed county law to more tightly regulate pawnbrokers but the draft legislation may have a spill-over impact on other local businesses.

At least one county legislator, Andrew Young, is opposed to passing the new law.

A public hearing on the proposed law has been set for 5:30 p.m. on Dec. 12 in the Old County Courthouse. (Download PDF of proposed local law).

The purpose of the law is to help local law enforcement find stolen property, recover stolen property, and apprehend the criminals who pilfer other people's property. 

“Basically, our interest in doing this is an interest in not only being able to prosecute people who steal this property and take it to pawn shops to be sold, but also making it possible to make things right for victims of these burglaries," said District Attorney Lawrence Friedman, who drafted the proposed law at the request of Sheriff's Office.

Friedman, as well as Undersheriff Gregory Walker and Chief Deputy Jerome Brewster, were clear however, there's really only one business in Genesee County that is the target of the law and that is Pawn King, 4140 Veterans Memorial Drive.

"I worked with Jerry from the start five years ago," Friedman said. "The request came from local law enforcement because of a problem primarily with residential burglaries and that proceeds from these burglaries were primarily going to pawn shops and primarily one local pawn shop," Friedman told members of the Public Service Committee at a meeting Monday.

The Legislature considered a similar law five years ago but after opposition from scrap metal dealers at a public hearing, where they raised concerns about the logistical difficulty in tracking where scrap metal came from, the proposed law lost support among legislators.

County Attorney Kevin Earl has modified the bill to remove regulation of scrap metal dealers.

During his presentation in support of the proposed law, Friedman recalled two recent incidents he said illustrates the need for the law.

If you read the local news, Friedman told legislators, you know about a recent incident where a suspect pulled into the driveway of County Manager Jay Gsell and allegedly threw a stolen gun from the car. That case is linked, Friedman said, to a recent string of burglaries in the area and one of the suspects allegedly used a fake ID to pawn stolen items at Pawn King.

"That's a big problem," Friedman said. "That's one example of something that goes on here on a regular basis."

Friedman also said the assistant district attorney for the Town of Batavia Court recently took an affidavit from a witness who said he saw a person wheel an entire shopping cart full of merchandise from Walmart to Pawn King across the street and pawn all of the items.

"That's the kind of thing we're dealing with," Friedman said.

Brewster said the proposed law would make his job, and the job of all local criminal investigators, easier.

"It will make it harder to get away with illegal activity and make it easier to prosecute those who are breaking the law," Brewster said.

Friedman said when he wrote the law five years ago, he patterned it after a law already passed in Monroe County as well as ones in other jurisdictions.

There are similar other laws in other jurisdictions, including other states, and some of them have run into legal challenges over the implication in the laws of warrantless searches, which violate the Fourth Amendment.

Under the terms of these laws, including the law proposed in Genesee County, police officers can enter the place of business of a secondhand dealer without notice and inspect the property and demand to inspect the mandated records kept by the business.

In California, GameStop is suing over a pawn shop law.

In this law journal article, the author says that in New York, courts have found, specifically in People v. Keta, that the state has a greater interest in stopping chop shops from trafficking in stolen parts than chop shop owners have a right to privacy. The Supreme Court has ruled that records inspections of closely regulated businesses, which includes pawn shops, are permissible.

However, Onondaga County paid a $15,000 settlement in 2015 after a court ruled his business was the victim of a warrantless search under that county's pawn shop law. Also in New York, a New York City law that required law enforcement inspections of pawn shop records was struck down by a judge there.

Last night, The Batavian emailed Friedman and Earl and asked them how these New York cases, which are more relevant than cases in other states, differ from the proposed local law and we haven't received a response.

Young said Cattaraugus County passed a similar law and later repealed it. We couldn't find any news coverage of such a repeal, but we did find a story about the City of Salamanca deciding to repeal its pawn shop law after local antique dealers objected to the law.

While the proposed law does target pawn shops, the definition of secondhand dealers includes any business, with a couple of exceptions, that acquires previously used items for the purpose of resale to the public.

This would seem to include antique dealers, junk dealers, non-charitable thrift stores and secondhand shops, and used record stores.

Exceptions are written into the law for clothing and books but no other items.

Jewelry stores and coin dealers with sales of less than 15 percent of sales from used items are also exempt from the law. Also exempt, antique dealers who sell exclusively at trade shows and licensed auctioneers.

The law also covers the resale of gift cards. This seems to apply to the resale of gift cards from other businesses, which is common in local businesses, such as Tops Market, Walmart, and Target, as well as The Batavian.

Earl told legislators those type of gift cards, even though they are acquired from the issuer for resale to a third party, are not covered by the law.

He quoted from Section 2, paragraph F:

"Secondhand Article" means any article or object, with the exception of clothing and books, that has previously been bought or sold at retail and/or which has been previously used and/or is not in a new condition.  This shall include any “gift card” .... 

Earl argued that the law only covers gift cards that are considered "used" even though once a gift card is used, it loses its value.

The purpose of including gift cards is to deal with criminals who shoplift from stores such as Walmart and then return the items. Since they don't have a receipt, they are given a gift card. Brewster said, for example, they might get a $100 gift card and then walk over to Pawn King and sell it for $50.

When questioned after the meeting about clarity on the gift card provision, Friedman reiterated it was not the intention of the law to cover gift cards sold by The Batavian or retail outlets such as Tops. He said it would be up to the Legislature to refine the law if they thought such clarity was necessary.

"I guess what I'm going to say is we drafted it as we thought was appropriate," Freidman said. "This is not the end. You know there's going to be a public hearing and everyone is going to have an opportunity to be heard about that. And presumably, there could be further refinements made to it just like we did after the last public hearing."

The law as proposed requires secondhand dealers to acquire a license. There is a $150 annual fee for the license. Licenses could be denied to anybody with a criminal conviction and potentially to businesses with employees who have criminal convictions for property crimes.

Secondhand dealers would be required to keep written records of all transactions -- both buying and selling -- in their shops as well as enter data into LeadsOnline, a private business that law enforcement can contract with to track the acquisition of used merchandise by dealers. LeadsOnline is free to participating businesses.

Dealers would be required to obtain photo identification of every person, and make a photocopy of the ID, of every seller or buyer of merchandise.

Section 12, paragraph B:

Prior to acquiring or disposing of any secondhand article covered by this local law, every Secondhand Dealer shall request Identification from the seller or purchaser and shall verify the identity of such individual by comparing the individual to the photographic image contained on said Identification. The Secondhand Dealer shall record the individual’s name, date of birth and address (or current address if different than that listed on the Identification), and the Identification number (e.g., motorist ID number) listed on the Identification. The Secondhand Dealer shall make a photocopy of the front of the Identification.

Failure to comply with the law is a Class B misdemeanor.

The law also covered dealers who transact business online, such as eBay resellers, if they're based in Genesee County.

It's not clear how online retailers would comply with the requirement to obtain a physical ID of buyers and sellers.

License dealers must also allow local law enforcement and code enforcement to inspect their place of business prior to receiving a license and at any time upon request once the license is issued.

Young made the point that many Web-based businesses operate out of the owners' homes and he asked if such owners would be expected to make their homes subject to inspection by law enforcement.

None of the advocates for the law provided an answer to the question.

Young compared the law to code enforcement and health inspection laws, which usually involve an appointment with the inspector.

"Not only is an appointment made," Young said, "the consequences are you're not serving the lunch next day. In this case, you go to jail."

Earl said, as a Class B misdemeanor, there is no jail term. It's more like a traffic ticket.

The proposed law was first discussed in the Public Service Committee. Young is not a member of the Public Service Committee but he was given an opportunity to voice his concerns.

The Public Service Committee unanimously recommended approving a public hearing on the proposed law.

The Ways and Means Committee met immediately after the first meeting. Young does serve on that committee and Ways and Means was also asked to vote on approval of a public hearing.

Young again raised objections to the proposed law, which prompted another discussion.

There isn't a need for the law, Young suggested, because Pawn King is already entering its transactions in LeadsOnline. Young said he spoke with the manager of the local Pawn King.

"It’s not true," Walker said. "He may say that but he’s not doing it."

During Public Service, Friedman hinted but didn't outright say, that Pawn King conducts some transactions after regular business hours.

Young voted no to send the proposed law to a public hearing. He thinks the bill should go back to the lawyers to clarify key points.

"There are too many unanswered questions," he said.

Chairwoman Marianne Clattenburg suggested that the bill could go to public hearing and the Legislature could then better determine how to amend the law after hearing from the public.

Ways and Means approved sending the proposed law to a public hearing on a 4-1 vote.

Much of Young's objection to the proposed law is that it creates a new regulatory scheme for businesses, which he thinks runs counter to the county's effort to try and attract new business.

"This is an unprecedented law in this county," Young said. "In this county, we don't have too many local laws and they've usually been reserved for things that are really important. Monroe County has a different governing body and they think differently than ours, but we're taking one of their laws and making it even more restrictive."

Young argued that the problem in Genesee County doesn't rise to the level of passing new laws.

Friedman said there is a pressing need for the law.

“I have to disagree with the statement that there is no problem here," Friedman said. "There is absolutely a problem here.”

Photo: Public Service Committee meeting.

A Le Roy police officer has just taken a subject in custody in the woods behind Tops Market after a struggle that included two taser deployments.

During the struggle, the officer radioed for backup. There was no backup on scene during the struggle.

"Two taser deployments and he's still fighting," the officer said at one point.

The subject is now in custody. We don't know why the subject was pursued.

Another suspect was already in custody in the officer's patrol car parked in front of Tops.

An ambulance is requested to the scene.

Backup is arriving on scene from Le Roy PD, State Police, and the Sheriff's Office.

UPDATE 2:20 p.m.: Communications for this incident have been switched to the LE Secure channel.

The Sheriff's Office may have found a young dog worthy of taking over K-9 patrol for "Destro," who died unexpectedly in early October.

A 2-year-old Belgian malinois from the nation of Holland is being evaluated by Deputy Chris Erion, the Sheriff's Office current K-9 handler, and if the dog proves suitable, the county will pay a $9,500 fee for purchase, shipment and paperwork on the dog.

That's about $1,000 more than anticipated but the cost is also amply covered by donations from members of the community to the Sheriff's K-9 program.

Erion said this morning that he has the dog -- who has a name but the name may change -- and is working with him to see if is temperament is suitable for police work. This morning, he's returning from the K-9 training facility in Canada where he was given a workout.

"We're putting him through his paces," Erion said.

The dog has only basic training at this point and will need to be fully trained in K-9 police work before being put into service. That training will start in March.

The fundraising following Destro's death has been so successful -- and there are more fundraising events planned -- that the Sheriff's Office will acquire a second K-9. Undersheriff Greg Walker said the new, second K-9 handler has already been selected from among current deputies but the Sheriff's Office is not ready yet to announce who the new handler will be.

Even though payment for the new dog is covered by community donations, the money still goes into the county's budget and the expenditure must be approved by the Legislature. The Public Service Committee voted to recommend approval of the $9,500 fee for the new dog from Holland.

At the Public Service meeting yesterday, a member of the Legislature asked why the K-9 money came from public donations rather than the county's general fund and Legislator Gary Maha, the former Sheriff, explained that when the Sheriff's Office first decided to acquire a K-9 the decision was made to ask the community to pay for it.

There have been four dogs purchased since then, each one paid for through donations and that just seems to be the way it's done now. There was nothing preventing the Sheriff's Office from including a new K-9 in its operations budget.

In this case, as soon as the news came out of Destro's death, who succumbed to complications from cancer surgery, community members set up fundraisers and donations started pouring in.

Legislator John Hilchey suggested he and his fellow legislators wouldn't have a problem funding the K-9 program, but "the community didn’t really give us a chance to ask on it."

Should a person be required to turn over social media passwords in order to get a pistol permit?Senate Bill 9191: Regulation of pistol permits

 

PHOTOS: from Jim Burns.

In big games, big-time players come up big and Ray Leach, for the second time in the postseason, scored eight touchdowns to, quite literally, carry his team, the Batavia Blue Devils, to a 54-49 win over defending state champion Skaneateles to propel Batavia to a state title shot Saturday at the Carrier Dome.

In three games, the Section V championship, the Far West Regional championship, and today's state finals playoff game, Leach has run for 1,223 yards and scored 22 touchdowns. 

"I'm speechless, really," said Head Coach Brennan Briggs after the game. "What he does every single week is impressive. You know, when he really turns it on, I don't know that anybody is stopping him in New York State. So hopefully you know we can put together a great week and hopefully, he can have a great game for us next week along with our offensive line."

Credit to the offensive line for opening holes but Leach was also impressive in his ability to step through small gaps, side-step diving linemen, create space on sweeps, break tackles, and if all else failed, drag one or two Skaneateles players along for a few extra yards.

For the second game in a row, Leach set a state record for rushing yards in a playoff game, hitting 472 tonight (on 52 carries), breaking last week's record of 427 yards.  His eight touchdowns tied last week's record eight touchdowns.

Josh Barber, who was once again a defense stalwart, said Leach helps lift the team's confidence.

"Ray Leach has played great since his freshman year," Barber said. "I knew he could get it done."

As is his habit in post-game interviews, Leach gave credit to his offensive line but he also acknowledged that Briggs expects him to be the man on the field and get the job done.

"I definitely got to come out hear him perform how I'm supposed to, and I just follow my line and things work out," Leach said.

Skaneateles came into the game 11-0, ranked #1, and behind quarterback Patrick Hackler one of the most potent offensives in the state. Hackler is a big kid and impressive when he heaves long passes downfield. With Nick Wamp as a frequent target and Areh Boni in the backfield, the Lakers kept the pressure on Batavia's defense all night.

Hackler was 17-30 passing for 260 yards and three TDs. He also ran for 149 yards on 17 carries and two touchdowns. Wamp caught seven passes for 145 yards and two TDs. Boni ran for 64 yards and a TD.

Both teams came into the game with an unblemished streak of never trailing at any point in any game during the season. Batavia ruined the Laker's out-front run on its first drive, with Leach carrying the ball on all six plays, including the final 15-yard run to score.

Skaneateles would tie the game three times but with Batavia up 28-21 to start the second half, Andrew Francis intercepted Hackler on the first play from scrimmage setting up a Blue Devils drive that extended the lead but was only possible because Ethan Biscaro was able to scramble on a busted pass play, making his way to the far sideline, where he dodged Lakers down the line for a more than 20-yard gain, giving Batavia a first down on what had been a third-and-long play.

"Ethan's a fantastic athlete," Briggs said. He's got a great sense for the game. He knew exactly what he needed to do when he extended the play. He's a great football player."

From the Lakers' 47, Leach sprinted to the five-yard line and then scored on the next play.

Leach also led the team with 9 tackles and he had a key interception near the end of the third quarter.

Skaneateles still had a chance in the fourth quarter, scoring three touchdowns, including one on a 54-second drive that pulled them within five points, but Batavia was, as Briggs preaches, relentless, and answer the Lakers score for score.

"You know he (Leach) is an unbelievable player but up front, they got a job and they got the job done all night defensively," Briggs said. "Obviously there were some holes in there but that's a very good football team. Our kids banded together. They bend but they don't break."

For more game pictures click HERE

TO LISTEN TO THIS GAME, Tune in to WBTA.

Batavia received the kickoff. First play from scrimmage, Ray Leach gained about 30 yards. On the six play of the drive, with Leach carrying the ball on all six plays, Leach scores from the 15. Extra point is good, 7-0 Batavia.

Skaneateles second play from scrimmage is a 15-yard pass by Patrick Hackler for a first down. On the fourth play, Hackler breaks free on a keeper from the 45, carrying it to the Blue Devils' 25. Areh Boni scores on a handoff from Hackler from the 25 after a couple of incomplete passes. Extra point is good; 7-7.

Leach gets the ball on the first play of the drive for a five-yard gain. Leach gets the first down on the next play. Next play, Leach breaks through the line and carries the ball to the Lakers' 11-yard line. Leach again, for six yards. Puts the ball just short of the four-yard line. The Lakes manage to hold Leach to just a one-yard gain making it third and two. Leach scores from the two. Extra point is good; 14-7.

Lakers start next series on the 36. Hackler connects on the first play for 50 yards to Nick Wamp. Hackler on a keeper gains four yards. Hackler tries for the corner of the end zone and misses. Pitch to Areh Boni, held to a short gain. Skaneateles loses 10 yards on a holding penalty. On a fourth-down play from the 34, Hackler has to scramble and fails to reach the first-down marker. Batavia takes over on downs.

From the 28, Leach gains six yards on the first play. Leach stopped for a loss. Ball on the 32. Ethan Biscaro on a keeper. He reaches the 34 bringing up fourth and three. Batavia punts. Wamp receives the punt on the 30 but a flag on the play. The penalty is against Skaneateles. 

The Lakers series starts at their 19-yard line. A two-yard run by Boni. 

End of the first quarter, Batavia 14, Skaneateles 7.

The second quarter begins with Skaneateles on its own 22-yard line, second down. Hackler completes a 10-yard pass followed by a screen pass for a one-yard gain. Boni gains more than 20 yards on a run, putting the ball on the Blue Devils' 46. Taiyo Iburi-Bethel breaks up a long pass, bringing up second and 10. Boni rushes for three yards. Third and seven. Hackler scrambles pursued to the sideline where he dumps it off to Nathan Mulligan for a first down. Ball on the 32. Handoff to Nick Wamp stopped after a five-yard gain. Boni gains three, third and two. Keeper, Hackler for the first down. Ball on the Blue Devils' first down. Heckler on a keeper. Blue Devils close up a big hole quickly and stop him at the 12-yard line. Hackler overthrows William McGlynn. Offsides on the Blue Devils. First down for Skaneateles on the seven-yard line. Boni with the carry, gains two. Hackler on the keeper. Extra point is good; 14-14.

Short kickoff snagged in the air by Zack Anderson, who steps out of bounds at the 42. Leach dragged down from behind after a two-yard gain. Flag on the play. Holding on Batavia. It will be first and 20 from the 32. Biscaro attempts a 30-yard pass, dropped by the receiver. Leach breaks three tackles, gains 70 yards before he's tripped up on the one-yard line. First and goal. Leach scores. Extra point is good. 21-14, Batavia.

Nick Wamp takes the kickoff and is stopped by Leach with a hard-hit at the 34-yard line. Screen pass to Wamp, who picks his way through the defense for a 30-yard gain. Hackler's long pass skips into the arms of his receiver for an incomplete. Wamp rushes for six yards, bringing up third and four. Hackler on a keeper to the 22-yard line for a first down. Hackler tries to connect with McGlynn in the end zone, ball knocked away by Iburi-Bethel. Hackler carries on an option for a first down, first-and-10 at 10-yard line. Hackler's to Wamp on the six is complete. Hackler on the keeper, breaks through the line and scores. Extra point is good; 21-21.

Batavia starts its series on the 39-yard line. Skaneateles calls a timeout. Ray Leach gains 10 on the first play. Leach gains five. Leach gains four. Leach gains five, first down, ball on the Lakers' 41. Leach with another first down. Ball on the 24. Leach just short on his next carry of the first-down marker. Leach tiptoes through the line, finds a small hole, gains four and gets the first down. First and goal on the nine. Leach carries, carrying defenders to the one-yard line. Leach scores. Extra point is good; 28-21.

And the half ends with Batavia up 28-21. The Blue Devils will kick off to start the second half.

Skaneateles starts the half at the 49. First play, Hackler goes long and is picked off by Batavia's Andrew Francis. 

Batavia on its own 18. Leach stopped at the line of scrimmage on the first play. Delay of game, second and 15 at the 14. Leach sweeps to the near-side and gains seven. Biscaro drops back and then scrambles to the far-side and picks his way along the sideline to the Lakers' 47 for a first down. Leach on the next play carries the ball to the five-yard line. Leach from the five, scores. Extra point is good; 35-21. This is the first two-possession lead for the Blue Devils (this is also the first game all year that Skaneateles, who came in at 11-0, has ever trailed).

Leach has five TDs and more than 300 yards on the ground. He has more than 1,000 yards over three post-season games.

Nate Wellington takes the kickoff down to the eight-yard line of the Blue Devils, first and goal. Nick Wamp carries it to the four-yard line. Hackler sweeps right to the two-yard line, but the play is negated by a holding call. Second and 17. Hackler to Nick Wamp for the touchdown. Extra point good; 35-28.

Ethan Biscaro on the kickoff return, brings it back to the Lakers 45. Leach stopped at the line. Leach for a five-yard gain. False start. Third and 10. Leach held to only four yards on his next carry. Brings up fourth and eight. Batavia will go for it. Biscaro's pass is incomplete. Lakers take over on downs.

Skaneateles takes over on their own 43 and Hackler is stopped for no gain on the first play. Hackler passed to Nate Wellington who is hit immediately by Leach, for a five-yard gain. Hackler's next pass falls incomplete. On fourth and five, Hackler completes a pass in the flat but is two-yards short of the first down. Batavia takes over on downs.

Batavia starts on its own 47. Leach pushes through the line for a seven-yard gain. Leach stopped at the line by penetration from the line, Jimmy Liberatore making the initial hit on Leach. Biscaro tries to sweep to the far sideline and comes up short of the first down but he is face-masked and Skaneateles is assessed a 15-yard penalty.  Ball on the 30. Leach is the ball carrier and gets it to the 15-yard line for a first down. Leach gains seven on next run. Leach takes a direct snap and gets it to the first down. Biscaro on the carry to the two. Second and goal. Leach scores. His sixth touchdown on the night. Extra point is good; 42-28.

Skaneateles starts on their own 47. Leach intercepts a long pass from Hackler on the 10-yard line and brings it back to the 25-yard line. 

First and 10, Batavia at the 25.

End of the third quarter, Batavia 42, Skaneateles, 28. Short gain for Leach. Biscaro, looking to pass, hustles out of bounds for a loss. Batavia will punt.

From the Blue Devils' 39, Hackler with a run for eight yards. Hackler connects with Nick Wamp for a first down inside the 10-yard line. Hackler tries a keeper and is dragged down in the backfield. Hackler to Boni in the flat but Boni stumbles and falls, with nobody between him and the end zone, on the five-yard line. Third down. Hackler up the middle, stopped on the two-yard line by Josh Barber. Hackler with a light toss to William McGlynn for the touchdown. Extra point is good. 42-35, Batavia leads.

Skaneateles tries an onside kick and recovers but the ball doesn't go 10 yards. Batavia's ball on the Lakes' 49. Leach carries for nine and then on next carry takes it to the 32 for a first down. Leach gains seven. Leach brings the ball to the 16. First down. Leach scores. That's his seventh TD. Extra point is blocked; 48-35. 

Lakers' ball on their own 42, first and 10. Hackler takes the ball to the 49, second and three. Hackler stands tall in the pocket and finds Nick Wamp in the flat for a first down. Ball on the 34. Hackler to Wamp, 13-yard gain and a first down. Hackler runs, gains six and he makes it out of bounds. Pass to Wamp in the flat, who gets a good block and scores. Extra point is good; 48-42. The drive took only 54 seconds off the clock.

Skaneateles tries another on-side kick, recovered by Andrew Francis, ball on the Lakers' 47, first and 10. Leach stopped in the backfield. Second and 11. Leach breaks free on a sweep for a 48-yard TD run, his eighth TD. Two-point conversion fails; 54-42, Batavia.

Nate Wellington picks up a squib kick and is tripped up on the Lakers' 38-yard line, first and 10. Hackler pass falls incomplete. Hackler to Nick Wamp, putting the ball on the Blue Devils' 34. Hackler sprints out of bounds to the 18-yard line, first down. Hackler's pass into the corner of the end zone, incomplete. Defended by Andrew Francis. Hackler on a keeper up the middle to the four-yard line, another first down. Hackler on a sweep, scores. Extra point good; 54-49.

Batavia recovers another on-side kick. First and 10 at 50-yard line. 2:19 left in the game. No gain on the first play and the Lakes call a timeout. Leach with the carry for six, bringing up third and four. Leach for the first down. Lakers take a timeout. Leach for two yards. Leach for another three. One minute left with a third down play.

BATAVIA WINS, 54-49.

Billie and I will be away from the scanners for the next 24 hours.

We're driving down to Binghamton for Batavia High School's football state championship semi-final game.

The game is today at 3 p.m. and you can listen to it live on WBTA.

Malik Ayala TeeSean Ayala

A pair of brothers from Batavia are suspects in a string of burglaries in Batavia and Stafford, including one who was stopped Thursday night on Washington Avenue and allegedly found in possession of a stolen handgun. 

The handgun was allegedly taken in one of the burglaries and after the burglary, the serial number had been partially removed.

TeeSean T. Ayala, 19, of Walnut Street, Batavia, was reportedly driving the car stopped by Investigator Chris Parker on Thursday night on Washington Avenue. Parker recognized the vehicle as possibly linked to the string of burglaries.

The driver of the vehicle pulled into the driveway of a residence on Washington Avenue -- by coincidence, the home of County Manager Jay Gsell -- and somebody in the vehicle threw the handgun out the window.

The appearance of a gun prompted a multi-patrol response from local law enforcement.

Ayala, a former standout basketball player at Batavia High School, is charged with criminal possession of a weapon, 2nd, criminal possession a weapon, 3rd, unlawful possession of marijuana, and plate obstructed.

His brother, Malik Isiah Ayala, 27, of Walnut Street, Batavia, is charged with criminal possession of stolen property.

Malik Ayala is accused of being in possession of stolen property at Pawn King on Oct. 24 valued in excess of $3,000.

Chief Deputy Jerome Brewster said both arrests are the result of an investigation into burglaries that occurred in the City of Batavia, Town of Batavia, and Stafford. 

In all, at least five burglaries are believed to be connected to the same suspects, Brewster said.

TeeSean Ayala was ordered held on $15,000 bail. Malik Ayala's bail was set at $20,000 cash or $40,000 bond.

Brewster said the investigation is ongoing and additional charges are possible.

Press release:

Ten area firefighters from six fire departments successfully completed the Rescue Tech Basic course held at the Genesee County Fire Training Center on Sept. 17.

This 24-hour course prepares students for a wide variety of possible rescue scenarios.

Specialized rescue, search, technical rescue management, risk and priorities, use of ropes, knots and rope systems in a low-angle environment as well as the establishment of landing zones for helicopter operations were addressed.

The program involved demonstrations as well as practice sessions.

Congratulations to the following personnel:

• CITY OF BATAVIA FD: Stefano Napolitano
• TOWN OF BATAVIA FD: Joshua K. Boyle, Clayton A. Gorski
• BETHANY FD: Richard J. Klunder III
• CORFU FD: Glenn J. Eck, Daniel Smith, Jacob D. Stiles
• ELBA FD: Michael Pfendler
• STAFFORD FD: Dean A. Brooks, Randal J. Henning 

To find out more about volunteering in your local community, visit ReadyGenesee.com.

Press release:

Nine members of the Genesee County Emergency Support Unit/Hazardous Materials Response Team recently received Hazardous Material Technician certification.

The Hazardous Materials Technician program is offered regionally by the New York State Office of Fire Prevention and Control (OFPC). 

Certification requires successful completion of a five modular training program consisting of a total of 84 hours. The modules focused on:

• Modular 1:  Primary Skills for the Hazardous Materials Responder
• Modular 2:  Interpreting the Hazardous Material Environment
• Modular 3:  Managing the Hazardous Materials Incident
• Modular 4:  Advanced Skills for the Hazardous Materials Responder
• Modular 5:  Specialty Skills for the Hazardous Materials Responder

Hazardous materials are a vital component in a multitude of today’s industries. HazMat related incidents pose a threat not only to the community and the environment but to emergency responders as well.

Mitigation and response expertise is essential for an efficient and effective response, minimizing risk and threat. The Genesee County Emergency Support Unit responds to a multitude of incidents each year.   

Team members, having been trained in all categories of unknown industrial chemical hazards in liquid, aerosol, powder, solids and vapor/gas forms and who have received Hazardous Material Technician certification, are: 

• ALABAMA: Gary Patnode
• ALEXANDER: Tom Green, Lance Scharlau    
• TOWN OF BATAVIA: James W. Bouton, Patrick J. Spear
• BYRON: Mark S. Holley
• CORFU: Lori A. Santini, Brian D. Schollard
• DARIEN: Jeffrey D. Luker 

To find out more about volunteering in your local community, visit ReadyGenesee.com.

Press release:

The Genesee County Office of Emergency Management Services in conjunction with the NYS Office of Fire Prevention and Control offered a four-hour Alternative Fuel Vehicles & New Technologies class to any emergency response personnel.

The class, held on Monday, Nov. 5, at the Fire Training Center, was attended by 11 Genesee County fire personnel.

Information about the hazards of the new fuels such as methanol, compressed natural gas and electric power; as well as the pressures created within fuel cylinders were addressed in addition to safety information on other possible hazards related to alternative fuel vehicles. State Fire instructor David Harrington addressed the changing technology of the automobile. 

Participants included:

• ALABAMA: Rick Brunea, Ronald Bauer, Max Maerten, Ryan Thompson
• CITY OF BATAVIA: Stefano Napolitano
• TOWN OF BATAVIA: James Bouton
• BETHANY: Richard Klunder III
• CORFU: Shawn Myers
• SOUTH BYRON: Theresa Hammer
• INDIAN FALLS: Edwin Mileham, LuAnne Mileham

To find out more about volunteering in your local community, visit ReadyGenesee.com.

Press release:

A fall Basic Exterior Firefighter Operations (BEFO) program was held at the Genesee County Fire Training Center.  The 79-hour program began in August and concluded on Nov. 6. Twenty-four students completed the 79-hour program from nine county departments and three neighboring departments.

The BEFO program is an entry-level program for the volunteer fire service designed to prepare students to respond to emergencies as exterior firefighters.

Students are instructed in fire extinguishers, building construction, forcible entry, ladder deployment, incident command, drafting operations, and hazardous materials operations level.  In addition, students are trained in ropes and knots, and first aid/CPR.

The Genesee County participants were:

Town of Batavia -- Thomas Marlowe  

Bergen -- Brandon Cunningham

Bethany -- Rick J. Klunder III and Jose E. Torres

Corfu -- Jayden D. Eck, Casey L. Felski, Ethan J. Librock, Dylan L. Lang, Megan G. Stiler, Elizabeth S. Tebor

East Pembroke -- Samantha M. Cavalieri             

Elba -- Mark E. Anuo

Le Roy -- William M. Crandall, Adam G. Hamel and Chelsea M. Pierce

Oakfield -- Garrett M. Gibson and Noah R. Toal  

Stafford -- Megan E. Burton and Kenneth V. Collins

To find out more about volunteering in your local community, visit ReadyGenesee.com.

Press release:

One hundred and twenty-seven students were joined by family, faculty, and staff in Byron-Bergen School's the Fourth Annual Turkey Trot.

The Turkey Trot is an initiative, started by the Health and Wellness Committee, to promote physical fitness and healthy lifestyles. The non-competitive run/walk kicked off in a flurry of excitement on Nov. 8 at 3:30 p.m. behind the Elementary School. The brisk evening was ideal for outdoor activity and, though the sky was overcast, no rain fell.

“The students love this event,” said Elementary School Physical Education teacher and event organizer Danielle Carson. “I hope that this experience will inspire them to get outside more often to hike, bike, or just run around.”

From the starting line behind the four-square court, participants followed the one-mile course through the wooded cross-country trail, along the soccer stadium, over to the high ropes course, and back to the four-square court finish line.

The buildings and grounds crew had prepared the forest section of the course by marking roots, stones, and other tripping hazards with orange paint.

The orange markers were not the only splash of color. Orange, yellow, and brown leaves provided a vivid backdrop as the participants followed the well-worn path through the woods.

“Planning the Turkey Trot at the height of the fall foliage creates a unique experience for our students and their families,” said Elementary Principal Brian Meister. “It’s a chance to get outside and exercise, but it is also a chance to appreciate the beautiful natural resources we have on campus.”

After the trot, students and families gathered in the cafetorium with lots of smiles and rosy cheeks for a healthy snack.

The Turkey Trot is also the non-official kick-off to the District’s Holiday Community Service project. Annually, the District partners with community organizations to collect toys, clothing, wrapping supplies, and – in 2017 – more than 1,200 nonperishable food items. This year’s Turkey Trot participants started it off on the right foot by donating more than 100 nonperishable food items.

Celia Murillo-Rios, left, and Michael Cook, students at Batavia Middle School came out the big winners Thursday night at the school's annual Family Night when their names were drawn in a giveaway of two bicycles.

The girl's bike was donated by the school's Parent-Teacher Association and the boy's bike was donated by the Batavia Police Benevolent Association.

Also pictured, Maureen Notaro, 7th and 8th grade VP, and Brian Sutton, 5th and 6th grade VP.

It wasn't a lot of snow that fell overnight but it was wet and heavy and that made it hard to shovel, said Bob Pappalardo, above, who was clearing a driveway on Summit Street this morning.

Paul Lamendala, below, said the snow wasn't much easier to clear with a snow blower on the sidewalks outside of City Church/St. Anthony's on Liberty Street.

The snow is tapering off through early afternoon and Saturday and Sunday are expected to be partly cloudy.

Should there be a manned mission to the Moon in 2028?

Vice: The National Space Council Is Pushing for a 2028 Moon Mission

      Jennifer Serrano

The defense attorney for Jennifer Serrano, the 48-year-old woman accused of killing an 18-year-old Hinckley resident in a hit-and-run accident in Darien on Aug. 11, will be given a chance to challenge any statements obtained by police from her during the investigation that led to her arrest.

Judge Charles Zambito granted the motion today by Frank LoTempio for the hearing, known as Huntley Hearing, which is pretty standard in criminal cases.

LoTempio will be able to question the officers involved in obtaining statements from Serrano to determine whether or not her rights were violated and whether the statements were legally obtained.

Serrano was allegedly the driver of a vehicle that struck and killed Connor Lynskey after the Jason Aldean concert at Darien Lake. Lynskey and a group of people were walking on Sumner Road back to the Darien Lakes State Park, where they were camping, when he decided to run ahead to catch up with a friend. He was reported missing later that night. His body was found by a deputy the next day.

About a half-hour later, Serrano was stopped and charged with DWI but she did not mention the possible prior accident and was only connected to the accident the next day through police investigation.

At the DWI stop, where she reportedly almost hit a patrol vehicle, Serrano may have tried to talk the deputy into letter her go, according to police reports.

Serrano appeared in court shackled alongside LoTempio and co-counsel Jack Sanchez dressed in gray sweatpants and an orange sweatsuit hoodie jacket.

She is being held on $100,000 cash bail or $200,000 bond while her case heads toward a possible trial.

LoTempio also filed a supplemental motion challenging the search warrants used in the case. He had filed the motion after recently receiving copies of the warrants and the statements used to obtain them. District Attorney Lawrence Friedman will be given time to file a written response before Zambito rules on the motion.